P.City Babu v. Indian Oil Corporation Ltd,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.30713 of 2024 P.City Babu ... Petitioner Vs.
1.Indian Oil Corporation Ltd., Rep. by its Chairman and Managing Director, Indian Oil Bavan, G-9, Ali Yavar Jung Marg, D-Block, Naupada, Bandra East, Mumbai, Maharastra - 400 051.
2.The General Manager, Marketing Division, Indian Oil Corporation Limited (IOCL), No.139, Nungambakkam High Road, Chennai - 600 034.
3.Division Head, Trichy Division, Indian Oil Corporation of India, Trichy Divisional Office, Triveni, 3rd Floor, No.B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.
4.Saraswathi ... Respondents Page No.1 of 6
Prayer : Writ Petition filed under Article 226 of Constitution of India pleased to issue a Writ of Mandamus, directing the respondents to accept the petitioner's new documents and patta and restore the petitioner from group-3 to group-1 of land status, and award him the SC category retail outlet dealership for Ladapuram under advertisement on 28.06.2023. For Petitioner : Mr.P.T.Perumal For Respondents : Mr.R.Sreedharan [R1 to R3] *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents to accept the petitioner's new documents and patta and restore the petitioner from group-3 to group-1 of land status, and award him the SC category retail outlet dealership for Ladapuram under advertisement on 28.06.2023.
2. Since no adverse order has been passed against the 4th respondent, notice to the 4th respondent is dispensed with.
3. Mr.R.Sreedharan, learned counsel, accepts notice on behalf of the respondents 1 to 3. In view of the consent expressed by the learned Page No.2 of 6
counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
4. The case of the petitioner is that, there was an advertisement by the Indian Oil Corporation Limited (IOCL), calling for application for the award of retail outlet dealership in SC category in Ladapuram in Perambalur District, Tamil Nadu and the petitioner submitted an application through online on 17.10.2023. On 10.02.2024, IOCL requested the petitioner to participate in the draw of lots for selection, which was held in Chennai. In the draw, the petitioner was provisionally selected on 22.02.2024 and thereafter, the IOCL requested the petitioner to upload proper sketch of S.No.234/1A, which has subdivision confusion. Thereafter, on 01.03.2024, the petitioner uploaded the documents for 531⁄2 cents of his father's land in S.No.234/3A1, which has no subdivision confusion. However, on 17.07.
2024, the IOCL informed the petitioner that he has not furnished proper land documents and hence, he is ineligible and he shall be considered in group 3 land category of the applicants and the next chance is being considered for the 4th respondent. On 02.08.2024, the petitioner got title deed for the said 531⁄2 of land in S.No.234/3A1 and he also got patta from the revenue authorities in his Page No.
name and thereafter, on 02.08.2024, he uploaded all the documents pertaining to this land and requested the IOCL to restore him to group 1 category and to award dealership and he has also submitted a representation dated 02.08.2024 before the 3rd respondent. Since the same was not considered, the petitioner has filed this Writ Petition before this court for appropriate orders.
5. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 3rd respondent to consider the petitioner's representation, dated 02.08.2024 and pass appropriate orders, within a specified period.
6. Considering the limited request sought for by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 02.08.2024 and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of personal hearing to the petitioner as well as the 4th respondent, within a period of four (4) weeks from the date of receipt of a copy of this order. Page No.4 of 6
7. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 23.09.2024 Index : Yes / No Speaking order / Non-speaking order NCC:Yes/No sp To 1.The Chairman and Managing Director, Indian Oil Corporation Ltd., Indian Oil Bavan, G-9, Ali Yavar Jung Marg, D-Block, Naupada, Bandra East, Mumbai, Maharastra - 400 051.
2.The General Manager, Marketing Division, Indian Oil Corporation Limited (IOCL), No.139, Nungambakkam High Road, Chennai - 600 034.
3.The Division Head, Trichy Division, Indian Oil Corporation of India, Trichy Divisional Office, Triveni, 3rd Floor, No.B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.
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M.DHANDAPANI, J.
sp 23.09.2024 Page No.6 of 6